UNITED INDIA INSURANCE CO LTD Vs. RAMASAMY (DECEASED)

JUDGEMENT

(1.) The challenge in this appeal is to the award of the Motor Accident Claims Tribunal, Tiruppur made in MCOP.No.1262 of 2008. The respondents 1 to 4 along with one Ramasamy filed the claim petition in MCOP.No.1262 of 2008 seeking a compensation of Rs. 12,00,000/- for the death of one Saravanan who is the son of respondents 1 and 2, husband of the 3rd respondent and father of the minor respondents 4 and 5.

(2.) According to the respondents 1 to 5/ claimants, the deceased was riding a motor cycle along with his partner Sivakumar as pillion rider from South to North on the left side of the P.N.Road at about 7.00 pm on 11.06.2008. While so, the bus bearing Registration No.TN-33-N-1619 driven by the 6th respondent in a rash and negligent manner dashed against the Maruthi Car bearing Registration No.TN-39-B-7709 which came from the Eastern side cut road and turned right hit against the motor cycle in which the deceased and his partner Sivakumar were travelling. As a result of the impact the deceased was thrown of the vehicle and sustained severe head injuries and died on 15.06.2008 despite treatment.

(3.) It is claimed that the deceased was aged about 36 years at the time of accident and he was partner of Sri Murugan Knit Fashion at Tiruppur getting a monthly income of Rs. 10,000/-. It is claimed that the deceased was only sole earning member in the family. Therefore, the claimants sought for compensation against the Corporation as well as the owner and the insurer of the Maruthi Car bearing Regn.No.TN-39-B-7709.